{
  "id": 11275368,
  "name": "THE STATE v. PURDIE JACOBS",
  "name_abbreviation": "State v. Jacobs",
  "decision_date": "1890-09",
  "docket_number": "",
  "first_page": "873",
  "last_page": "876",
  "citations": [
    {
      "type": "official",
      "cite": "107 N.C. 873"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "98 N. C., 607",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11275569
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/98/0607-01"
      ]
    },
    {
      "cite": "98 N. C., 629",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11275644
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/98/0629-01"
      ]
    },
    {
      "cite": "92 N. C., 881",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 296,
    "char_count": 5040,
    "ocr_confidence": 0.558,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.239173403545921
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    "sha256": "2f8861361a5c808e1b4ccf6312cdb3772d9803f2930b67459b9240d9f72b1645",
    "simhash": "1:a13f517aa17a1059",
    "word_count": 868
  },
  "last_updated": "2023-07-14T15:31:37.064200+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE v. PURDIE JACOBS."
    ],
    "opinions": [
      {
        "text": "Merbimon, C. J.\nafter stating the fagts: There is no merit in any of the prisoner\u2019s exceptions. The motion in arrest of judgment is wholly without force. That4 two of the persons indicted with the prisoner for the murder charged in the indictment had been tried and convicted could not relieve or excuse him from answering for the crime charged against him. lie and they were alike guilty, and it can make no difference that two of them were tried at one time and the prisoner at another.\nAs to the first exception to evidence, it appears, from the nature of the evidence of the witness Atlas Oxendine and the character of his cross-examination, that the purpose of the prisoner was to impeach his testimony. It was competent, therefore, to corroborate him by proving that he had, before the trial, stated to the witness McIntyre, in substance, part of the material facts stated by him on the trial. This is settled. State v. Whitfield, 92 N. C., 881; State v. Rowe, 98 N. C., 629; State v. Brewer, 98 N. C., 607; State v. Morton, decided at this term.\nThe evidence of the witness Alexander Oxendine was relevant and competent. The Court had no authority to tell the jury that they should not believe it. It was their province to believe or disbelieve it. That the witness himself could not tell where the deceased lived, nor the time when she was shot, did not destroy his testimony. That he did not might or might not go to his discredit, this depending upon attending facts, as to his opportunities, length of time, &c.\nWe have carefully examined the record, and find it in all respects sufficient to warrant the judgment. There is no error, and the judgment must be affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Merbimon, C. J."
      }
    ],
    "attorneys": [
      "The Attorney General, for the State",
      "Mr. William Black, for the defendant."
    ],
    "corrections": "",
    "head_matter": "THE STATE v. PURDIE JACOBS.\nEvidence \u2014 Witness\u2014Guilt of Other Persons.\n1. The fact that one person charged in the same bill has been convicted of the crime alleged is no bar to the conviction of the other parties indicted.\n2. A witness whose credibility has been assailed by the cross-examination may be corroborated by evidence of prior consistent declarations and events.\nIndictment for Murder, tried before Brown, J., at May Term, 1890, of RobesoN Superior Court.\nThe appellant prisoner and three others were indicted together for the murder of Candis Arps. Upon their arraignment, they severally pleaded \u201cnot guilty.\u201d\n. On the trial, a witness for the State, Alexander Oxendine, testified that he was present when the prisoner shot the deceased. He stated that others also fired guns at her. On his cross-examination, which tended to impeach his testimony, he said: \u201cI testified, on my trial\u201d (he had been indicted and tried for the same offence), \u201cthat Make and I did nothing, but that Purdie (the appellant) and Steve Jacobs did the shooting at Mrs. Arps. I did not know myself where Mrs. Arps lived, and don\u2019t know the date when she was shot.\u201d\nAnother witness for the State, Atlas Oxendine, testified that he saw the prisoner and others indicted with him \u201cgoing towards Mrs. Arps\u2019 the evening before she was shot. Early next morning, on Saturday, saw prisoner and Steve Jacobs and Alex. Oxendine near the Pot Jacobs place, between prisoner\u2019s house and Mrs. Arps\u2019. They were going towards prisoner\u2019s house. Purdie (the prisoner) asked,1 How far going ? \u2019 Purdie said \u2018 he had been to \u2019Squire McIntyre\u2019s.\u2019 He went on to say, \u2018Secrets are out; you will be apt to get into them, and don\u2019t say anything about seeing this morning, or it will not be good for yo'u.\u2019 \u201d\nWitness, cross-examined at length by prisoner\u2019s counsel, also stated that he made statement of above to \u2019Squire McIntyre.\n\u2019Squire McIntyre was also examined for the State, and testified that the prisoner was at his house early the next morning after the homicide; \u201cthat twenty minutes after prisoner left, Atlas Oxendine (witness next above mentioned) came to his house and stated that he saw Purdie and Steve Jacobs and Alex. Oxendine early that morning, and that Purdie said not to tell that he saw them, or it would not be good for him.\u201d This statement of Atlas Oxendine to witness was objected to by the prisoner. The State offered it only to corroborate Atlas Oxendine. Objection overruled. Exception by prisoner.\nThere was a verdict of guilty, and judgment thereupon of death.\nThere wTas a motion for a new trial, the prisoner assigning as error\u2014\n\u201c1. That the exception to admission of evidence of witness McIntyre above set forth,\u201d was not sustained.\n\u201c 2. Because the Court failed to instruct the jury that they should not believe Alex. Oxendine\u2019s testimony, because he could not state any date or night when Mrs. Arps was shot.\u201d (The Court did fail to so charge the jury.)\nThe motion was overruled.\nThe prisoner also moved in arrest of judgment upon the ground that \u201cit appeared from the record that Steve Jacobs and Alex. Oxendine had already been convicted of the same murder of Mrs. Arps on this bill of indictment.\u201d \u25a0\nThe motion was denied, and the prisoner excepted, and appealed to this Court.\nThe Attorney General, for the State\nMr. William Black, for the defendant."
  },
  "file_name": "0873-01",
  "first_page_order": 909,
  "last_page_order": 912
}